Federal court bars EPA exemption for reporting mercury-containing products News
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Federal court bars EPA exemption for reporting mercury-containing products

The Second Circuit Court of Appeals vacated an Environmental Protection Agency (EPA) rule that exempts importers from reporting products with mercury-containing components.

The court concluded that such an exception works against the Toxic Substances Control Act, 15 U.S.C. § 2607(b)(10), which requires manufacturers to report products that contain mercury. The court was concerned that by exempting importers from mercury reporting, the EPA would allow mercury-containing products into the country.

Circuit Judge Gerard E. Lynch authored the court’s opinion. Judge Lynch explained the court’s reasoning:

In the case of an assembled product made by a domestic manufacturer, the mercury-added component will have been reported by the manufacturer or importer of the component. But with respect to an assembled product manufactured abroad that contains mercury added components that are themselves produced outside the United States (as opposed to components manufactured domestically, then exported and integrated into assembled products abroad before being imported), no other entity is required to report the mercury in the component, and no portion of the Mercury Reporting Rule accounts for the mercury present in the components of the assembled products manufactured abroad.

The court thus held that the individuals who would have been exempt are those that would be directly bringing the mercury into the US. They determined that the exemption by the EPA therefore could not be rationalized under an argument that it “eliminates redundant reporting.” Furthermore, the court stated that not reporting the quantity of mercury because that quantity is small could also not be effectively argued, as the quantity cannot be known without the reporting.

The court denied review of other parts of the EPA rule that exempt manufacturers of assembled products with mercury-added components and partially exempt high-volume manufacturers from mercury reporting.